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Could I still file L2 extension after it expired, with I-485 pending?

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  • Could I still file L2 extension after it expired, with I-485 pending?

    Hi,

    I'm in an awkard situation now. My husband holds L1A visa and I had L2 and EAD which expired on 10/12/2021 & 5/7/2021 respedtively. My husband's company extended his L1A (just approved on 11/30/21; case filed before I-94 expired on 10/12/21). We have our I-485 AOS filed in late Mar 2021 with my I-765 for EAD renewal filed along with (under category (a)(9)). I have stopped working (leave without paid) since EAD expired for over 7 months now. As policies seem changed for L2 visa holder (and seems more favorable), I was wondering

    1. If I could file I-539 to extend my L2 visa although it's been expired for 2+ months? Is it superflous or subject to denial with my I-485 on-file/pending?
    2. If I shall / could file another I-765 concurrently with I-539 to renew my EAD with L2 extension (under category (a)(18))?

    I know it's taking 6+ months for I-539 to be approved and then I-765 (if applicable) but with no hope to my I-765 with pending I-485 (per my check on the case processing time page, it seems the processing time for I-765 based on pending I-485 is 20-21.5 months?!! vs 9-14 months for L-based I-765), I'm not sure if going thru L2 would be a better shut (if I still can), plus I read a an article about better to keep the status before AOS to have some backup / buffer should I-485 get denied?

    I'm not sure for how long my employer could wait for me for EAD, and I felt I made mistakes not have extended my EAD thru L2 early this year (cuz at that time we were working on I-485 AOS thinking it would be a better option) and extend my L2 in a timely matter (although there's been troubles with my husband's L1A extension so it got approved after I-94 expired).

    Your valuable input is much appreciated. Thank you.

  • #2
    Since your L2 status has already ended, you cannot apply for Extension of Stay unless there is good cause for filing late.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Can late approval of L1A extention be used as a good cause? I'd never heard of any from the attorneys about our eligibility to extend L2 at the time when it expired (as we don't need one with our pending I-485)
      I couldn't reach out to my husband's attorney (got very blurred answer from them) while my attorney (for I-485) ignored my questions about L2 and thought they should be brought to to L1 attorney. However, if it's true that no L2 extension could be made after it expires then there's nothing for me to struggle with. Thank you.

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